Legal Reasoning Questions for CLAT | QB Set 37

In tort law, trespass, assault, and battery are intentional interferences with a person’s rights or property. These acts are legally recognized under both tort law and criminal law in many jurisdictions, including the Indian Penal Code (IPC). Each has distinct elements and consequences.

Trespass refers to the unreasonable interference with a person’s property or personal rights. It can be classified into trespass to the person, such as physical interference or unlawful detention, and trespass to property, including entering or damaging someone’s land or property without permission.

Assault occurs when one person creates apprehension in another of imminent harmful or offensive contact. Unlike battery, physical contact is not necessary. The key elements include the perpetrator’s intent to cause fear and the victim’s reasonable belief that harmful contact is imminent. For example, making threatening gestures or advancing towards someone aggressively could qualify as assault, even if no physical contact occurs.

Battery, on the other hand, involves intentional harmful or offensive physical contact. The essential elements are the intentional act and the resulting contact, which occurs without the victim’s consent. Battery can happen without a preceding assault, such as in cases where physical harm is done without prior warning.

The distinction between assault and battery lies in the nature of the act. Assault is about creating fear of harm, while battery involves actual physical harm. For instance, threatening to hit someone is assault, but carrying out the threat by hitting them is battery.

Questions

Question 1:

Raj walks toward Suresh with a raised fist, yelling that he will punch him. Suresh immediately feels threatened and steps back, anticipating a physical blow. However, Raj never makes contact. Suresh sues Raj for assault. Can Suresh’s claim for assault be valid even though Raj never hit him?

(a) Yes, because verbal threats alone constitute assault.
(b) No, because assault requires actual physical contact.
(c) Yes, because Raj’s actions created apprehension of imminent harmful contact.
(d) No, because Raj changed his mind before making any physical contact.

Question 2:

During an argument, Neha throws a cup of water at Kavita, soaking her clothes. Kavita was unaware of the cup being thrown until the water hit her. She sues Neha for battery. Does Neha’s action constitute battery?

(a) No, because water is not considered harmful or offensive contact.
(b) Yes, because Neha made unconsented harmful contact with Kavita, even if the harm was minimal.
(c) Yes, because the intention to make physical contact is enough, regardless of whether Kavita was aware of it beforehand.
(d) No, because Kavita was not physically injured by the water.

Question 3:

Ramesh enters his neighbor Shalini’s garden without her permission to pick some flowers. Shalini discovers him and sues for trespass. Ramesh claims he didn’t damage anything and was only picking flowers. Can Shalini successfully sue for trespass?

(a) Yes, because Ramesh entered Shalini’s property without her permission, which constitutes trespass.
(b) No, because Ramesh did not cause any damage to the garden or property.
(c) Yes, because trespassing requires proof of unlawful intention, which Ramesh had by picking flowers.
(d) No, because picking flowers is not serious enough to be considered trespass.

Question 4:

During a heated argument at a party, Amit throws a punch at Rohit but misses. Rohit, fearing a second punch, steps away and then files a lawsuit for both assault and battery. Can Rohit succeed in both claims?

(a) Yes, because Amit’s punch created apprehension of harm, and the attempt itself qualifies as battery.
(b) No, because Rohit was not physically harmed, and assault requires an actual physical blow.
(c) Yes, because the attempt to punch caused fear, which is sufficient for both assault and battery.
(d) No, because battery requires physical contact, which did not happen.

Question 5:

Geeta pushes her friend Rani during an argument, causing Rani to stumble but not fall. Rani files a claim for battery, stating that she did not consent to the push. Can Geeta’s action be considered battery?

(a) Yes, because Geeta made physical contact with Rani without her consent, which constitutes battery.
(b) No, because Rani did not suffer any physical harm or injury.
(c) Yes, because battery does not require intent if physical contact is made.
(d) No, because friends often push each other, and it was likely playful rather than harmful.